Calcutta High Court (Appellete Side)
Kusum Devi Agarwal & Anr vs 84 The State Of West Bengal & Ors on 12 September, 2017
Author: R.K. Bag
Bench: R.K. Bag
1
Ct-09 12.9.2017 WP 13781(w) of 2017
Kusum Devi Agarwal & Anr.
Vs.
84 The State of West Bengal & Ors.
Mr. Amritam Mondal
Ms. Madhushri Dutta Majumder
Mr. Debasish Mukhopadhyay
... For the Petitioners
ar
Mr. Raja Saha
... For the Respondent no. 3
Mr. Chandi Charan De, Ld. A.G.P ... For the State The contention of the petitioners in the present writ application is that the petitioners purchased the land appertaining to L.R Plot No. 463 in Mouza-Kawakhali under Police Station - Siliguri, within the district of Darjeeling, from the legal heirs of the land owner by two separate deeds on August 28, 2012. The further contention of the petitioners is that the petitioners came to know from the Collector of the district of Darjeeling on June 10, 2011 (annexure P-4 to the writ application) that the said land of the petitioners has not been acquired for the development of township by the Siliguri-Jalpaiguri Development Authority.
Learned counsel representing the respondent no. 3 submits that the process has already been 2 initiated for acquisition of the land of the petitioners but the possession of the land has not yet been taken over by following due process of law.
Since the land of the petitioners has not been acquired by following due process of law and since the award has not been declared till date the possession of the land cannot remain with the respondent no. 3 in an illegal and unauthorised manner.
Accordingly, the respondent no. 3 is directed to deliver up possession of the land of the petitioners in favour of the petitioners within a period of eight weeks from the date of communication of this order.
This order will not prevent the State respondents from acquiring the land of the petitioners by following due process of law.
With the above direction, the writ application stands disposed of.
(R.K. Bag, J.) 3